PART 939—RHODE ISLAND Authority: 30 U.S.C. 1201 et seq. Source: 48 FR 40995, Sept. 12, 1983, unless otherwise noted. § 939.700 Rhode Island Federal program. (a) This part contains all rules that are applicable to surface coal mining and reclamation operations in Rhode Island which have been adopted under the Surface Mining Control and Reclamation Act of 1977. (b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the Rhode Island Federal program. (c) The rules in this part apply to all surface coal mining and reclamation operations in Rhode Island conducted on non-Federal and non-Indian lands. The rules in subchapter D of this chapter apply to operations on Federal lands in Rhode Island. (d) The information collection requirements contained in this part do not require approval by the Office of Management and Budget under 44 U.S.C. 3507 because there are fewer than ten respondents annually. (e) The following provisions of Rhode Island laws provide, where applicable, for more stringent environmental control and regulation of surface coal mining and reclamation operations than do the provisions of the Act and the regulations in this chapter. Therefore, pursuant to Section 505(b) of the Act, they shall not be construed to be inconsistent with the Act: (1) R.I. General Laws Sections 23-19.1-1 to 23-19.1-22, regulating treatment, disposal, and transportation of hazardous wastes within the State of Rhode Island. (2) R.I. General Laws Sections 46-12-1 to 46-12-37, controlling the pollution of any of the State's waterways. (f) There are no Rhode Island laws that generally interfere with the achievement of the purposes and requirements of the Act and which must be superseded and preempted pursuant to Section 504(g). Some Rhode Island laws may in an individual situation interfere with the achievement of the purposes and requirements of the Act and may be preempted and superseded with respect to the performance standards of §§ 939.815 through 939.828 as they affect a particular coal exploration or surface mining operation by publication of a notice to that effect in the Federal Register. § 939.701 General. Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15 and part 701 of this chapter shall apply to surface coal mining and reclamation operations in Rhode Island. § 939.702 Exemption for coal extraction incidental to the extraction of other minerals. Part 702 of this chapter, Exemption for Coal Extraction Incidental to the Extraction of Other Minerals, [54 FR 52123, Dec. 20, 1989] § 939.707 Exemption for coal extraction incident to Government-financed highway or other construction. Part 707 of this chapter, Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction, § 939.761 Areas designated unsuitable for surface coal mining by Act of Congress. Part 761 of this chapter, Areas Designated by Act of Congress, § 939.762 Criteria for designating areas as unsuitable for surface coal mining operations. Part 762 of this chapter, Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations, § 939.764 Process for designating areas unsuitable for surface coal mining operations. Part 764 of this chapter, State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations, § 939.772 Requirements for coal exploration. (a) Part 772 of this chapter, Requirements for Coal Exploration, (b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons and the additional time that is needed. (c) Notwithstanding the provisions of paragraphs (a) and (b) of this section, any person who intends to conduct coal exploration shall, prior to conducting the exploration, file with the regulatory authority a written notice of intention to explore including: (1) The name, address, and telephone number of the person seeking to explore; (2) The name, address, and telephone number of the representative who will be present at and responsible for conducting the exploration activities; (3) A precise description and map, at a scale of 1:24,000 or larger, of the exploration area; (4) A statement of the period of intended exploration; (5) If the surface is owned by a person other than the person who intends to explore, a description of the basis upon which the person who will explore claims the right to enter such area for the purpose of conducting exploration and reclamation; and (6) A description of the practices proposed to be followed to protect the environment from adverse impacts as a result of the exploration activities. (d) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such review, setting forth the reasons and the additional time that is needed. [52 FR 13813, Apr. 24, 1987] § 939.773 Requirements for permits and permit processing. (a) Part 773 of this chapter, Requirements for Permits and Permit Processing, (b) In addition to the requirements of part 773, the following permit application review procedures shall apply: (1) Any person applying for a permit shall submit five copies of the application to the Office. (2) The Office shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The Office may: (i) Reject a flagrantly deficient application, notifying the application of the findings; (ii) Request additional information required for completeness stating specifically what information must be supplied and negotiate the date by which the information must be submitted; or (iii) Judge the application administratively complete and acceptable for further review. (3) Should the applicant not submit the information as required by § 939.773(b)(2)(ii) by the specified date, the Office may reject the application. When the applicant submits the required information by the specified date, the Office shall review it and advise the applicant concerning its acceptability. (4) When the application is judged administratively complete, the applicant shall be advised by the Office to file the public notice required by § 773.6 of this chapter. (5) A representative of the Office shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags. (c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the Act. (d) Where applicable, no person shall conduct surface coal exploration operations which result in the removal of more than 250 tons of coal nor shall any person conduct surface coal mining operations without a permit issued by the Secretary pursuant to 30 CFR part 773 and permits issued pursuant to State law, including: the Wetlands Protection Act (R.I. General Laws Section 2-1-22); Chapter 20 of the Waters and Navigation Act (petitions for ditches and drains) (R.I. General Laws Section 46-20-1 et seq. et seq. et seq. et seq., et seq. et seq. (e) The Secretary shall coordinate review and issuance of a coal exploration or surface coal mining permit with the review and issuance of other Federal and State permits listed in this section and 30 CFR part 773. [52 FR 13813, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000] § 939.774 Revision; renewal; and transfer, assignment, or sale of permit rights. (a) Part 774 of this chapter, Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights, (b) Any revision to the approved permit will be subject to review and approval by OSMRE. (1) Significant revisions shall be processed as if they are new applications in accordance with the public notice and hearing provisions of §§ 773.6, 773.19(b) (1) and (2), and 778.21 and of part 775. (2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such review, setting forth the reasons and the additional time that is needed. (c) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within thirty days of either the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter or receipt of an administratively complete application, whichever is later. [52 FR 13814, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000] § 939.775 Administrative and judicial review of decisions. Part 775 of his chapter, Administrative and Judicial Review of Decisions, [52 FR 13814, Apr. 24, 1987] § 939.777 General content requirements for permit applications. Part 777 of this chapter, General Content Requirements for Permit Applications, [52 FR 13814, Apr. 24, 1987] § 939.778 Permit applications—minimum requirements for legal, financial, compliance, and related information. Part 778 of this chapter, Permit Applications—Minimum Requirements for Legal, Financial, Compliance and Related Information, [52 FR 13814, Apr. 24, 1987] § 939.779 Surface mining permit applications—minimum requirements for information on environmental resources. Part 779 of this chapter, Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources, § 939.780 Surface mining permit applications—minimum requirements for reclamation and operations plan. (a) Part 780 of this chapter, Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan, (b) The applicant for a permit shall demonstrate compliance with Rhode Island air quality control laws (R.I. General Laws Section 23-23-1 et seq. § 939.783 Underground mining permit applications—minimum requirements for information on environmental resources. Part 783 of this chapter, Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources, § 939.784 Underground mining permit applications—minimum requirements for reclamation and operation plan. Part 784 of this chapter, Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan, § 939.785 Requirements for permits for special categories of mining. Part 785 of this chapter, Requirements for Permits for Special Categories of Mining, § 939.795 Small operator assistance. Part 795 of this chapter, Small Operator Assistance, § 939.800 General requirements for bonding of surface coal mining and reclamation operations. Part 800 of this chapter, General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Programs, § 939.815 Performance standards—coal exploration. Part 815 of this chapter, Permanent Program Performance Standards—Coal Exploration, § 939.816 Performance standards—surface mining activities. Part 816 of this chapter, Permanent Program Performance Standards—Surface Mining Activities, § 939.817 Performance standards—underground mining activities. Part 817 of this chapter, Permanent Program Performance Standards—Underground Mining Activities, § 939.819 Special performance standards—auger mining. Part 819 of this chapter, Special Permanent Program Performance Standards—Auger Mining, § 939.823 Special performance standards—operations on prime farmland. Part 823 of this chapter, Special Permanent Program Performance Standards—Operations on Prime Farmland, § 939.824 Special performance standards—mountaintop removal. Part 824 of this chapter, Special Permanent Program Performance Standards—Mountaintop Removal, § 939.827 Special performance standards—coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine. Part 827 of this chapter, Special Permanent Program Performance Standards—Coal Processing Plants and Support Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine, § 939.828 Special performance standards—in situ processing. Part 828 of this chapter, Special Permanent Program Performance Standards—In Situ Processing, § 939.842 Federal inspections. (a) Part 842 of this chapter, Federal Inspections, (b) The Secretary will furnish copies of inspection reports and reports of any enforcement action taken to the Rhode Island Department of Environmental Management upon request. § 939.843 Federal enforcement. (a) Part 843 of this chapter, Federal Enforcement, (b) The Office will furnish a copy of any order to show cause to the Rhode Island Department of Environmental Management upon request. § 939.845 Civil penalties. Part 845 of this chapter, Civil Penalties, § 939.846 Individual civil penalties. Part 846 of this chapter, Individual Civil Penalties, [53 FR 3676, Feb. 8, 1988] § 939.955 Certification of blasters. Part 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, [51 FR 19462, May 29, 1986]